Tag Archives: Overtime

What Ever Happened to the Department of Labor’s New Overtime Rule?

Overtime
As our readers may recall, last year we devoted a good amount of time addressing the Department of Labor’s (DOL) final rule on overtime exemptions. Under that rule, which was supposed to go into effect on December 1, 2016, the minimum salary required to be exempt from overtime requirements under the certain Fair Labor Standards … Continue reading this entry

Congress Considers FLSA Amendment That Could Provide Flexible Overtime Options

Employers are generally well aware that they must comply with the main pillars of the Fair Labor Standards Act (FLSA), requiring that (1) employees be paid at least minimum wage and (2) employees be paid at a rate of one-and-a-half times their hourly wage for all hours worked in excess of 40 in a week. … Continue reading this entry

Federal Minimum Salary Drama? New York Says Fuhgettaboutit!

Wage and Hour
As if the start-again, stop-again saga with the U.S. Department of Labor’s rules increasing the minimum salary threshold for exempt workers wasn’t confusing enough, at least one state has jumped into the fray and changed its own overtime rules — New York. Effective December 31, 2016, the New York Department of Labor amended its minimum … Continue reading this entry

Q&A on the FLSA’s Changes to Overtime Exemptions

Last month, we discussed the U.S. Department of Labor’s (DOL) recently published final rule making changes to the so-called “white collar” overtime exemptions under the Fair Labor Standards Act (FLSA). We also presented a webinar on June 2, 2016, discussing the recent changes to the exemptions and how they may affect employers. As a quick … Continue reading this entry

DOL’s Increased Salary Test: What Employers Need to Know

For months, employers have been anxiously awaiting the Department of Labor’s (DOL’s) final rule on exemptions from overtime under the Fair Labor Standards Act (FLSA) and wondering whether the DOL would pass the rule as previously proposed or make modifications to its June 2015 proposed rule. Now the wait is finally over and, as anticipated, … Continue reading this entry

Changing Past Practices – You Might Already Have the Right to do What You Want

Employers frequently find themselves in a situation where they have the right to do something under their labor agreements, but they have not been exercising the right. For example, the labor agreement might provide: “There shall be no pyramiding of overtime,” but under the employer’s pay practices, the employer has in fact been pyramiding (counting … Continue reading this entry

But We Need You to Work More Than 40 Hours This Week! Overtime and the Health Care Employer

Hospitals and other health care facilities often do not know exactly how many hours each week they may need nurses and other allied health staff to work. Other employees may get sick, have a baby, go on vacation, or patient censuses may spike. From the Emergency Department in a busy inner-city hospital to a burgeoning … Continue reading this entry

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the company. But is there really little risk? There is a real and potentially expensive risk of violating … Continue reading this entry

When Is a Sales Rep Not a Sales Rep?

Pharmaceutical sales representatives are not in sales, at least for the purpose of wage-and-hour laws. Reversing a lower court’s decision, the Second Circuit Court of Appeals ruled that pharmaceutical sales representatives could not qualify for the “outside sales” or administrative exemptions to the overtime pay requirements of the federal FLSA. The FLSA (and many states’ … Continue reading this entry